The State Of Karnataka vs Smt. Shantabai
2026 Latest Caselaw 3311 Kant

Karnataka High Court

The State Of Karnataka vs Smt. Shantabai on 16 April, 2026

                                            -1-
                                                      NC: 2026:KHC:20700-DB
                                                   WA No. 100029 of 2026


                HC-KAR




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 16TH DAY OF APRIL, 2026

                                         PRESENT
                      THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
                                           AND
                         THE HON'BLE MR. JUSTICE C.M. POONACHA

                         WRIT APPEAL NO. 100029 OF 2026 (EXCISE)

               BETWEEN:
               1.    THE STATE OF KARNATAKA
                     REPRESENTED BT ITS SECRETARY
                     DEPARTMENT OF FINANCE & EXCISE
                     VIKASA SOUDHA
                     BENGALURU - 560 001

               2.    THE COMMISSIONER OF EXCISE
                     IN KARNATAKA
                     TTMC, 2ND FLOOR
                     BMTC COMPLEX, SHANTHINAGAR
                     BENGALURU - 560 027
                                                          ...APPELLANTS
Digitally      (BY SRI SHASHIKIRAN SHETTY K., ADVOCATE GENERAL A/W
signed by       SMT. PRATHIMA HONNAPURA, AAG &
AMBIKA H B
                SMT. NAMITHA MAHESH B.G., AGA)
Location:
High Court
of Karnataka   AND:
                1.    SMT. SHANTABAI
                      W/O. MADHUSA MEHERWADE
                      SINCE DECEASED BY HER L.R.

               1(a) TULUJARAM
                    S/O MADHUSA MEHERWADE
                    AGED ABOUT 82 YEARS
                    OCC: BUSINESS
                    R/O. VISHWESHWARA NAGAR
                    HUBBALLI TQ, HUBBALLI
                    DIST: DHARWAD - 580 026
                                -2-
                                         NC: 2026:KHC:20700-DB
                                        WA No. 100029 of 2026


 HC-KAR



2.   PHILIP M. FERNANDES
     S/O. MININ FERNANDES
     AGED ABOUT 72 YEARS
     OCC: BUSINESS
     R/O. NO: 542, PATS KORNER BUILDING
     DR. KAMALAKAR ROAD
     NEAR BSNL OFFICE - 581 301
     KARWAR, UTTARA KANNADA DISTRICT

3.   SRI AKHIL NAIK
     S/O. NARAYAN NAIK
     AGED ABOUT 44 YEARS
     OCC: BUSINESS
     No.202, RICHES RESIDENCY APARTMENT
     No.440/2, NRI LAYOUT
     RAMA MURTHY NAGAR
     BENGALURU - 43
                                        ...RESPONDENTS
(BY SRI ASHOK HARANAHALLI, SENIOR ADVOCATE A/W
 SRI MOHAN MAHABALESHWARA BHAT, ADVOCATE &
 SRI SANDEEP S. PATIL, ADVOCATE)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE
INTERIM ORDER DATED 12.01.2026        PASSED IN W.P.
NO.110093/2025 (EXCISE) PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT & ETC.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
       and
       HON'BLE MR. JUSTICE C.M. POONACHA

                       ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The appellants have filed the present appeal impugning an

interim order dated 12.01.2026 passed by the learned Single Judge

NC: 2026:KHC:20700-DB

HC-KAR

in Writ Petition No.110093/2025 (Excise), whereby the stay orders

granted earlier were extended. The said order was premised on the

earlier order dated 26.12.2025 passed by the learned Single Judge

staying the enforcement of the amended Rule 5 and 5A of the

Karnataka Excise (Sale of Indian and Foreign Liquors) (Second

Amendment) Rules, 2025.

2. The issues raised in the present appeal have been

considered by this Court in a judgment dated 15.04.2026 passed in

Writ Appeal No.541/2026 (Excise).

3. For the reasons stated therein, the present appeal is allowed

and the impugned order is set aside.

4. The pending interlocutory applications also stand disposed

of.

Sd/-

(VIBHU BAKHRU) CHIEF JUSTICE

Sd/-

(C.M. POONACHA) JUDGE AHB List No.: 2 Sl No.: 24